87S10901 JG-D By: Sherman, Sr. H.B. No. 259 A BILL TO BE ENTITLED AN ACT relating to the establishment of subcommittees within the Texas Maternal Mortality and Morbidity Review Committee to study maternal mortality. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 34, Health and Safety Code, is amended by adding Sections 34.022, 34.023, and 34.024 to read as follows: Sec. 34.022. SUBCOMMITTEE ON MATERNAL HEALTH DISPARITIES. (a) In this section, "subcommittee" means the subcommittee on maternal health disparities established under this section. (b) The department and the review committee shall establish, within the review committee, a subcommittee on maternal health disparities to: (1) study maternal mortality rates among women in this state; and (2) develop and provide recommendations to the department and the review committee on improving maternal health outcomes. (c) The subcommittee is composed of a number of members who meet appropriate qualifications as determined by the department and review committee. (d) A member of the subcommittee serves at the pleasure of the department and the review committee. (e) The members of the subcommittee shall elect a presiding officer from among the membership of the subcommittee. (f) The subcommittee may accept gifts, grants, and donations from any source to carry out the subcommittee's duties imposed under this section. (g) The subcommittee is abolished and this section expires September 1, 2031. Sec. 34.023. SUBCOMMITTEE ON MATERNAL HEALTH DISPARITIES FOR BLACK WOMEN. (a) In this section, "subcommittee" means the subcommittee on maternal health disparities for black women established under this section. (b) The department and the review committee shall establish, within the review committee, a subcommittee on maternal health disparities for black women to: (1) study maternal mortality rates for black women in this state and any related disparities; and (2) develop and provide recommendations to the department and the review committee on improving maternal health outcomes among black women in this state. (c) The subcommittee is composed of 11 members appointed by the department and the review committee as follows: (1) three licensed obstetricians or gynecologists certified by the American Board of Obstetrics and Gynecology, each with 15 or more years of experience in either field and a patient base consisting of not less than 25 percent of individuals who are members of a racial minority; (2) one primary care physician with 15 or more years of experience in that field and whose expertise is in maternal health; (3) one surgeon with 15 or more years of experience in that field and whose expertise is in maternal health; (4) one anesthesiologist with 15 or more years of experience in that field and whose expertise is in maternal health; (5) one licensed mental health professional with 15 or more years of experience in that field and whose expertise is in postpartum depression; (6) one neonatologist; (7) one perinatologist; and (8) two individuals with relevant and appropriate expertise in maternal health. (d) In making the appointments under Subsection (c)(1), the department and the review committee shall ensure: (1) one member is an obstetrician or gynecologist with 10 or more years of experience specializing in the field of neonatology; (2) one member is an obstetrician or gynecologist with 10 or more years of experience specializing in the field of perinatology; and (3) one member is an obstetrician or gynecologist with experience working at a community hospital as an obstetrician or gynecologist for less than nine years. (e) The members of the subcommittee shall elect a presiding officer from among the membership of the subcommittee. (f) The department and the review committee shall fill a vacancy on the subcommittee by appointing a person who has the same qualifications as required for the original appointee. (g) A member of the subcommittee is not entitled to compensation for service on the subcommittee but is entitled to reimbursement for actual and necessary expenses incurred in performing subcommittee duties authorized by the presiding officer, provided funding is available for that purpose. (h) The subcommittee shall meet at least quarterly and at other times at the call of the presiding officer. (i) Notwithstanding Chapter 551, Government Code, or any other law, the subcommittee may meet by telephone conference call, videoconference, or other similar telecommunication method. A meeting held by telephone conference call, videoconference, or other similar telecommunication method is subject to the requirements of Sections 551.125(c), (d), (e), and (f), Government Code. (j) The subcommittee may accept gifts, grants, and donations from any source to carry out the subcommittee duties imposed under this section. (k) Chapter 2110, Government Code, does not apply to the subcommittee established under this section. (l) The subcommittee established under this section and this section expire on September 1, 2031. Sec. 34.024. BIENNIAL REPORTS; IMPLEMENTATION OF CERTAIN RECOMMENDATIONS. (a) Not later than September 1 of each even-numbered year, the subcommittees established under Sections 34.022 and 34.023 shall each prepare and submit to each member of the legislature, the department, and the review committee a report that: (1) includes the results of the study conducted by each subcommittee and recommendations for legislative or regulatory action based on those results; and (2) examines and considers any trends or changes in maternal health. (b) To the extent permitted by law and as the executive commissioner determines appropriate, the commission shall implement any regulatory recommendations included in a report under this section that are within the commission's prescribed authority. (c) This section expires September 1, 2031. SECTION 2. Not later than February 1, 2022, the Department of State Health Services and the Texas Maternal Mortality and Morbidity Review Committee established under Chapter 34, Health and Safety Code, shall establish and appoint members to the subcommittees as required under Sections 34.022 and 34.023, Health and Safety Code, as added by this Act. SECTION 3. This Act takes effect December 1, 2021.